Scientists discovered that a family of chemicals called per- and polyfluoroakyl substances (PFAS) have contaminated drinking water throughout the U.S. The substances are also called forever chemicals because they do not degrade and persist indefinitely in the environment and the human body. Claims filed nationwide seeking compensation for PFAS contamination of drinking water were consolidated into multidistrict litigation, often called a mass tort. Several manufacturers settled the lawsuits in 2023, but other PFAS manufacturers continue to defend the claims.
Products like fire-suppressing foam, non-stick cookware, and cosmetics contain PFAS. Consumers and others are bringing lawsuits against the manufacturers. When you believe your health was affected by exposure to PFAS in your drinking water or a consumer product, immediately discuss your situation with a compassionate mass torts attorney. Our skilled lawyers could help you understand your options for pursuing a PFAS lawsuit.
Making a direct correlation between PFAS exposure and adverse health impacts is challenging for several reasons. There are many PFAS, and some may affect the body differently. Additionally, people are exposed to PFAS through different routes, at different concentrations, and different stages of life.
Despite the difficulty of the medical research, the current understanding is that PFAS may cause or contribute to the following health conditions:
People who have sustained any of the listed health conditions should consider whether they might have been exposed to PFAS in their drinking water or through other routes. For example, people who work in manufacturing processes that use or produce PFAS or who live near these facilities may have a greater risk of developing exposure-related health conditions. When PFAS exposure seems possible, contacting a diligent attorney from our firm for help with a lawsuit is critical.
When many people have similar claims against the same defendants, there are two ways to manage the claims efficiently. One is via a class action lawsuit, and the other is through a mass tort.
Our attorneys are collaborating with law firms nationwide to pursue both methods of holding responsible parties accountable. Anyone who believes PFAS exposure might have impacted their health should contact a legal professional to review their options for a lawsuit.
A class action allows anyone with similar claims to opt in to a class of plaintiffs, or people pursuing a claim. One trial will occur with several named plaintiffs representing the whole class. If the plaintiffs win the case, the jury award or settlement is distributed equally to all class members.
Class action lawsuits have been filed against McDonald’s and Burger King, claiming PFAS in food wrappers caused harm to consumers. Another class action has been filed against REI, claiming the company uses PFAS in its waterproof clothing and gear.
Courts can decide to consolidate similar claims filed throughout the country into multidistrict litigation or mass tort. Usually, one federal judge is assigned to oversee all similar claims.
A few test trials, called bellwether trials, will take place. If the plaintiffs win, the defendants typically settle the claims with all the plaintiffs. Unlike a class action where each plaintiff gets an equal amount, in a mass tort, each plaintiff can prove their losses and be compensated accordingly.
The lawsuits brought by municipal water suppliers were consolidated into a mass tort and are going forward against the defendants who have not settled. Other mass torts are likely as individuals learn more about how PFAS may have caused or contributed to their health problems.
PFAS are everywhere in the environment, and most people in the U.S. have had at least some exposure. When you believe you, or your child, may have a health condition that resulted from exposure to forever chemicals, it is essential to investigate and determine whether you are eligible for compensation.
The experienced attorneys at Fleschner, Stark, Tanoos & Newlin are happy to review your case and explain how best to proceed with the PFAS lawsuits. Contact our firm today for an initial consultation.
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